Judicial Branch

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Transcript of Judicial Branch

Making Decisions, continuedDissenting opinions are written by justices who oppose the majority.Concurring opinions are written in support of the majority but stress a different legal basis.Stare decisis: to let the previous decision stand unchanged.Precedents: How similar past cases were decided.Original Intent: The idea that the Constitution should be viewed according to the original intent of the framers.The Courts as PolicymakersParticipants in the Judicial SystemLitigantsPlaintiff - the party bringing the chargeDefendant - the party being chargedJury - the people (normally 12) who often decide the outcome of a caseStanding to sue - plaintiffs have a serious interest in the case.Justiciable disputes – A case must be capable of being settled as a matter of law.The Nature of the Judicial SystemThe Federal CourtsWhat Courts Should Do: The Scope of Judicial Power

Judicial restraint: judges should play a minimal policymaking role - leave the policies to the legislative branch.

Judicial activism: judges should make bold policy decisions and even charting new constitutional ground.

Political questions: means of the federal courts to avoid deciding some cases.

Statutory construction: the judicial interpretation of an act of Congress.Understanding the CourtsThe Courts and Democracy

Courts are not very democratic

Not electedDifficult to remove

The courts do reflect popular majorities

Groups are likely to use the courts when other methods fail – promoting pluralism

There are still conflicting rulings leading to deadlock and inconsistencyUnderstanding the Courts A Historical ReviewJohn Marshall and the Growth of Judicial ReviewMarbury v. MadisonJudicial review: courts determine constitutionality of acts of CongressThe “Nine Old Men”The Warren CourtThe Burger CourtThe Rehnquist CourtThe Courts and the Policy AgendaThe Backgrounds of Judges and JusticesThe Backgrounds of Judges and JusticesCharacteristics:

Generally white males

Lawyers with judicial and often political experience

Other Factors:

Generally of the same party as the appointing president

Judges and justices may disappoint the appointing presidentThe Backgrounds of Judges and JusticesThe Politics of Judicial SelectionThe Supreme Court

President relies on attorney general and DOJ to screen candidates.

1 out of 5 nominees will not make it.

Presidents with minority party support in the Senate will have more trouble.

Chief Justice can be chosen from a sitting justice, or a new member.The Politics of Judicial SelectionThe Lower Courts

Senatorial Courtesy:Unwritten tradition where a judge is not confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination.

Has the effect of the president approving the Senate’s choice

President has more influence on appellate levelThe Politics of Judicial SelectionThe Structure of the Federal Judicial SystemThe Organization and Jurisdiction of the CourtsThe Structure of the Federal Judicial SystemThe Supreme Court9 justices – 1 Chief Justice, 8 Associate Justices

Supreme Court decides which cases it will hear

Some original jurisdiction, but mostly appellate jurisdiction.

Most cases come from the federal courts

Most cases are civil casesThe Structure of the Federal Judicial SystemCourts of Appeal

Focus on errors of procedure & lawThe Structure of the Federal Judicial SystemThe Structure of the Federal Judicial SystemFigure 16.1Introduction:Two types of cases:

Criminal Law: The government charges an individual with violating one or more specific laws.\

Civil Law: The court resolves a dispute between two parties and defines the relationship between them.\

Most cases are tried and resolved in state courts, not federal courts.The Nature of the Judicial SystemUnderstanding the CourtsImplementing Court DecisionsMust rely on others to carry out decisionsInterpreting population: understand the decisionImplementing population: the people who need to carry out the decision – may be disagreementConsumer population: the people who are affected (or could be) by the decisionThe Courts as PolicymakersAccepting CasesUse the “rule of four” to choose cases.Issues a writ of certiorari to call up the case.Very few cases are actually accepted each year.The Courts as PolicymakersFigure 16.4The Federal Judicial CircuitsThe Structure of the Federal Judicial SystemDistrict Courts

Original Jurisdiction: courts that hear the case first and determine the facts - the trial court.

Federal crimes

Civil suits under federal law and across state lines

Supervise bankruptcy and naturalization

Review some federal agencies

Admiralty and maritime law casesThe Structure of the Federal Judicial SystemParticipants in the Judicial SystemGroupsUse the courts to try to change policies.

Amicus Curiae briefs are used to influence the courts.AttorneysLegal Services Corporation - lawyers to assist the poorAccess to quality lawyers is not equal.The Nature of the Judicial SystemMaking DecisionsOral arguments may be made in a case.Justices discuss the case.One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case.The Courts as PolicymakersFigure 16.5